B.Ed holders from J&K can't be disqualified: HC

Updated on: Saturday, April 09, 2011

The Allahabad High Court has said those who have done their B.Ed. from a university in Jammu and Kashmir cannot be disqualified for Special BTC course of Uttar Pradesh just because the state enjoys special status and falls outside the purview of National Council for Teacher Education (NCTE).
The order was passed by a Division Bench comprising Justice Sunil Ambawani and Justice Kashi Nath Pandey while allowing a special appeal of one Sadhana Singh who had done B.Ed. from Jammu and Kashmir university and applied for the Special BTC course of U.P., meant for appoint primary school teachers, in 2007 but the same was turned down by concerned authorities on the aforesaid ground.

"The exclusion of some of the candidates, who have taken degrees from universities situated in states where NCTE Act does not apply, would be a hostile and invidious
discrimination......Such students cannot be put at fault on account of the special status given to the state of Jammu and Kashmir", the court said in its order dated March 28 this year.

The court also set aside a single judge's order of 5/11/2009 whereby the rejection of the petitioner's plea was upheld with the remark "though NCTE has taken a stand that degree/diploma awarded by the state of Jammu and Kashmir will be valid for giving appointment in the rest of the country, there was justification in the wisdom of the state (U.P.) government to exclude those candidates who have not obtained
B.Ed. degree from an institute organized by the NCTE".

"The petitioner will not be treated as disqualified and will be considered along with the candidates of Special BTC course, 2007, subject to her comparative merit with other candidates", the division bench said in its judgement.

It, however, added a caveat "that only those candidates having degrees from Jammu and Kashmir will be considered qualified who have obtained degrees from universities recognized by the University Grants Commission".

B.Ed holders from J&K can't be disqualified: HC

More Education news